1. The Problem In a normal condominium development, the most prevalent claims by owners against their association are those arising from water leaks. The typical allegation is that water entered through the roof, a broken pipe inside a wall, or a planter adjacent to a first floor unit, resulting in damage to the resident’s furnishings, […]
There are many issues involving intellectual property that may arise in a bankruptcy. For this reason, parties entering into intellectual property agreements should always consider the possible implications of a bankruptcy vis-à-vis their contractual rights and obligations. Having an attorney who understands both areas of the law is paramount to ensure that a client’s interests […]
Kulik Gottesman Siegel & Ware LLP (“KGSW”) is pleased to announce that Thomas M. Ware II and Justin Nash successfully defended Erna Parth, a former homeowners’ association volunteer director and President, against a multi-million dollar damage breach of fiduciary duty claim brought against her by her own homeowners association. After a 25 day bench trial, […]
Ninth Circuit Denies Rehearing of Decision Holding that an “Idea Theft” Claim is Not Subject to an Anti-SLAPP Motion For over 50 years, California has protected a writer’s ideas and concepts embodied in scripts under the so called “Desny-claim.” On November 17, 2017, the United States Court of Appeals for the Ninth Circuit took a […]
One of the most important duties of any homeowner association is the exercise of architectural control. The concept is sometimes hard for new owners to understand because they tend to think, “This is my property and I can do whatever I want with it.” That is absolutely not the case in California – in fact, […]
BY: DAVID BERNARDONI Love him or hate him, President Trump dominates the news headlines and provokes passionate discussions taking place in the country today. Thus, it’s no surprise that in the last two years entrepreneurs have increasingly sought to capitalize on the Trump name in connection with goods and services they seek to bring to […]